City attorney makes public subpoena

SAN DIEGO - City Attorney Michael Aguirre Tuesday made public a
subpoena for city employees to turn over records or communications
related to the alleged purging of documents at City Hall.

"These documents should include, but are not limited to,
memoranda and electronic mail messages concerning the removal,
destruction or 'cleaning' of documents in December 2004," the
subpoena from U.S. Attorney's Office states.

Earlier this month, Aguirre seized 25 boxes from the offices of
the city treasurer and auditor that he said contained records
subpoenaed in federal investigations into city finances, including
the debt-ridden pension system.

The subpoena orders city officials to submit by 9 a.m. Thursday
all records and communications related to the destruction of
documents dating to Jan. 1, 2004.

Mayor Dick Murphy yesterday set a meeting for 2 p.m. Monday at
City Hall to discuss allegations that staffers did not comply with
subpoenas or destroyed relevant documents.

Murphy asked City Manager Lamont Ewell and Aguirre to write a
report on the city's compliance with SEC and other subpoenas and
the seizure and purging of files and documents.

The City Council put off until Monday a decision on waiving
attorney-client privilege for city officials in connection with
subpoenaed documents.

Councilman Jim Madaffer said he supports the waiver, but argued
that a delay was needed to address "concerns over the scope."

The Securities and Exchange Commission is investigating whether
the city violated securities laws by not fully disclosing to
potential investors the scope of a $1.3 billion deficit in its
retirement system.

Deliberate underfunding of the pension system, coupled with
flawed financial reporting practices, has also led to
investigations by the FBI and the U.S. Attorney's Office.